Wednesday, February 18, 2009

The Creeping 'Authenticity' of Europe's Intrusive Civil Law System

The Creeping ‘Authenticity’ of Europe’s Intrusive Civil Law System

English Professional Notaries Blog Embraces & Posts ITSSD Findings on Proposed French Authentic Acts Initiative

By Lawrence A. Kogan

NotaryTalk of England and Wales

February 19, 2009


France is moving to universalise through European regional harmonisation and extra-EU international commerce, the Napoleonic civil-law requirement of authentic acts/instruments, which potentially affects every conceivable private transaction within and beyond continental Europe. Apparently, Continental European governments are not very concerned about the impact on English common-law evidentiary rules. Such rules form the foundation of the common-law notion of due process on which private property owners depend for their day in court and for legal certainty and protection in common-law jurisdictions. This article identifies how France is working to export the main tenets of its civil-law system of preventive justice throughout global commerce to ‘change’ international law and the Anglo-American free-enterprise system.

To download this article [PDF format], please click HERE

This article is a longer and more detailed version of the recently released article entitled, Effort to Expand 'Authentic Acts' in Europe Imperils Economic Freedom, published on February 13, 2009 by the Washington Legal Foundation.

[See: France Proposes New EU Ministry of Silly Authentic Acts ala Monty Python that Jeopardizes Anglo-American Free Enterprise, ITSSD Journal on Economic Freedom, at: ].


"NotaryTalk of England and Wales ("NEW") is a forum for the discussion of matters of interest and concern to the Notarial profession in England and Wales, and for providing information about Notaries at the national, European and international levels. This website is owned and administered by Gregory Taylor, Notary Public "

"[T]he organisation representing most of the Notaries in England and Wales is The Notaries' Society whose website (containing a full directory of its members) can be accessed by clicking HERE.



Even les notaires de France are now paying attention to our article.

[See: Actualite: The Creeping 'Authenticity' of Europe's Intrusive Civil Law System, Juris Prudentes, Droits Immobilier website at: ; ;].

It has come to our attention that, among many or most of the younger Notaries within the 'progressive' notarial community in France, there is a sense that the Continental Notarial establishment is losing the long-term battle of maintaining its unique identity against the 'Anglo-American' model. Perhaps this is why that establishment is desperately trying to fight a 'rear-guard' action based on anti-competitive practices. Whether or not such efforts fail depends on the response from the Anglosphere.

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